Chap. 358.—An ACT to amend and re-enact section 27 of the act entitled an act
to raise revenue for support of the government and public free schools, and
to pay the interest on the public debt, and to provide a special tax for pen-
sions, as authorized by section 189 of the Constitution, approved April 16,
1903, as heretofore amended, designated in the Code of Virginia, 1919, as
section 27 of the tax bill. [H B 286]

Approved March 24, 1926.

1. Beit enacted by the general assembly of Virginia, That section
twenty-seven of the act entitled an act to raise revenue for support
of the government and public free schools, and to pay the interest on
the public debt, and to provide a special tax for pensions, as authorized
by section one hundred and eighty-nine of the Constitution, approved
April sixteenth, nineteen hundred and three, as heretofore amended,
designated in the Code of Virginia, nineteen hundred and nineteen,
as section twenty-seven of the tax bill, be amended and re-enacted so
as to read as follows:

Section 27. Railway and canal corporations.—Every railway and
canal corporation of this State not exempt from taxation by virtue of
its charter, and every railway and canal corporation incorporated
under the laws of any other State doing business in this State, shall
report annually on or before the fifteenth day of August, to the State
corporation commission all of its real and personal property of every
description, as of the thirtieth day of June preceding, together with
the fair cash value thereof, showing particularly in what county and/or
corporation, and school district in this State, such property is located,
except only such parts thereof as is segregated exclusively for State
taxation; and in what county or corporation the principal office or
agency of such corporation is located, which report shall classify the
same under the following heads:

First.—Right-of-way, terminal and yard lands, and rcadbed and
trackage or canal bed, bridges, trestles and tunnels and all signals
(track and crossing), and interlockers, buildings, structures and other
improvements thereon, except only such improvements as are pro-
vided for in classes below mentioned. In making report of and
assessment of the property included in the first class, there shall be
found for each railroad, for its main line or lines, and for each branch
line, for single, and where existing, double, triple, and quadruple
track and for side track, the average value per mile in this State of its
track, track appurtenances and track structures, including cuts, fills,
track surfacing, excavation, ballast, bridges, trestle and tunnels, but
not including right of way lands, or buildings or structures thereon,
other than track structures, or improvements required to be reported
in other classes; and in any county, corporation or school district,
the assessment of all property of such railroad included in the calcula-
tion of such average, as above provided, shall be the number of miles
of its single, double, triple, quadruple, or side track therein, as the
case may be, multiplied by the assessed average value thereof per
mile.

Second. Depot and shop grounds and lots, and all other lands
used for common carrier purposes, except those included in class one
above, and all buildings, structures and other improvements thereon,
except only such improvements as are provided for in classes below
mentioned.

Third.—Real estate not included in other classes, and all buildings,
structures and other improvements thereon, except only such im-
provements as are provided for in classes below mentioned.

Fourth.—Telephone and telegraph lines, together with telephone
apparatus and equipment, power transmission and power distribution
lines, with apparatus and equipment for use in connection therewith,
and water pipe lines, as a part of all which shall be included poles,
wire, cable, underground conduits, and all other integral parts thereof,
and rights of way, wherever the rights-of-way are not reported under
above classifications of real estate.

Fifth.—Rolling stock, which shall include all locomotives, of
whatever motive power, auto-cars, cars of every kind and description,
canal boats, and all other equipment which it is reasonably proper to
class as rolling stock; provided, that foreign railway and canal corpora-
tions doing business in this State shall report and be assessed on the
average amount of rolling stock habitually used by them in this State.

Sixth.—Boats, and all other floating property and equipment,
except canal boats, machinery in shops, engine houses, power plants,
substations, pump houses, and all other machinery of every class and
description; and all furniture and office equipment of every kind and
description. |

Seventh.—Stores, fuel, materials and supplies of every class and
description.

Eighth.—Stocks, bonds and other evidences of debt of other cor-
porations and individuals and firms held by such company.

Ninth.—Stocks, bonds and other evidences of debt of any person or
corporation belonging to any such company chartered in this State,
in excess of its indebtedness, whether the same be held in trust or
otherwise by some other person, firm or corporation, within or without
this State, which, for the purpose of this act, shall be considered to be
located at the principal office of such company in this State.

Tenth.—Money of the corporation, derived from actual trans-
portation operations, on deposit with any bank or other corporation
or firm or person, or in the possession or under the control of the cor-
poration, whether such money be actually in or out of the State, and
if such railway or canal is only in part within this Commonwealth,
the money to be reported shall be such proportion of the total money
on deposit, derived as aforesaid, as the gross earnings in Virginia bear
to the gross earnings of the system.

Eleventh.—All other personal property of such company not
enumerated in either of the foregoing heads, which would be taxable
under this act if the same belonged to an individual.

The report above required shall be made on forms and in the
manner prescribed by the State corporation commission, which may
in said forms, or otherwise, require such railway or canal company to
furnish it such information with reference to the value and condition
of the several items and component parts of such property, and other
information, as is necessary and proper to enable it to properly ascer-
tain and assess said property.

Every such corporation shall also report, on or before the fifteenth
day of August of each year, the gross transportation receipts of the
railway or canal for the twelve months preceding the thirtieth day of
June of each year, and in all cases the report shall be so made as to
give the data on which the same is made. If such railway or canal
is only in part within the Commonwealth, the report shall show what
part is within the Commonwealth, and what proportion the same
bears to the entire length of the road or canal, and shall apportion the
said receipts accordingly. The report herein required shall be verified
by the oath of the president or proper officer. The State corporation
commission shall, after thirty days’ notice previously given by it to
the president, treasurer, or other proper officer of such corporation,
proceed to ascertain the value of property and the gross transportation
receipts so reported, upon the best and most reliable information that
can be procured, and to this end shall be authorized and empowered
to send for persons and papers. The State corporation commission
shall assess upon said property and gross transportation receipts the
taxes imposed thereon by law.

A certified copy of this assessment, when made, shall be immed-
iately forwarded by the clerk of the State corporation commission, not
later than the fifteenth day of October, to the auditor of public accounts
and to the president or other proper officer of each railway and canal
corporation so assessed, whose duty it shall be to pay into the treasury
of the State, on or before the first day of November following, the
taxes upon its property and the franchise tax upon the gross trans-
portation receipts as shown by said copy of the assessments.

The State corporation commission shall, at such times as it may
elect, on or before the fifteenth day of October of each year, proceed
to ascertain and assess the gross transportation receipts of any railway
or canal corporation which has failed to make the report herein re-
juired, and shall also assess the value of the property of any such cor-
ooration, except its franchise and non-taxable shares of stock issued
oy other corporations and owned by it, at a fair cash valuation, upon
the best and most reliable information that can be procured, and to
this end shall be authorized and empowered to send for persons and
yapers, and said commission shall assess upon such gross transporta-
tion receipts and property the taxes imposed thereon by law. A
certified copy of the assessment when made shall be immediately
forwarded by the clerk of the State corporation commission to the
auditor of public accounts and to the president or other proper officer
of such railway or canal corporation so assessed, whose duty it shall
be to pay into the treasury of the State within thirty days after re-
ceiving said certified copy of the assessment, the taxes upon its prop-
erty, and the franchise tax upon its gross transportation receipts as
shown by said copy of the assessment.

Such taxes so assessed, and a penalty in addition thereto of five
per centum thereon, if the said taxes be not paid at the time provided
herein, shall be collected by the treasurer of any county or city in
which such corporation owns property, to whom the auditor may
deliver a copy of the assessment. The treasurer may distrain and
sell any personal property of such corporation, and shall pay the
amount of said tax and penalty into the treasury within one month
from the time of delivery to him of the copy as aforesaid. The road-
bed, depot grounds, rolling stock, tools, oil and other articles used in
operating railroads, owned by mining, lumber and like companies
which transport passengers or freight for other than such owners,
shall be assessed by the State corporation commission in the mode
prescribed by this act. All other property of such mining, lumber
and like companies shall be assessed by the commissioner of the
revenue upon the land and personal property books of the counties
and cities where located. Mining, lumber and like companies oper-
ating railroads to transport passengers or freight for others shall be
construed as in the provision of this section as to all of their property,
except their real estate, not used as a part of their roadbed or for
depot purposes, which shall be assessed by the commissioner of the
revenue in the districts or city wherein situated.

It shall be the duty of the State corporation commission to prepare
and furnish to the several corporations required to make reports under
this section forms for such reports, which said corporations shall use
in making the reports required of them, and any such corporatior
which shall fail to make the report hereinbefore required, within the
time herein prescribed, shall be liable to a fine of not less than one
hundred dollars nor more than two hundred and fifty dollars for eack
day such corporation may be in default in making such report. The
said fine to be imposed and judgment entered therefor by the State
corporation commission after thirty days’ notice to any such default
ing corporation to appear before the said commission and show cause
if any, against the imposition of such fine, subject to appeal to th
supreme court of appeals. It shall be the duty of the clerk of th
State corporation commission to furnish to the council of every cit
and town and to the board of supervisors of every county, and to the
treasurer of every county and city, wherein any property belonging to
such corporation is situated, a certified copy of the assessment made
by the State corporation commission of such corporation’s property,
which shall definitely show the character of the property, its value
and location for the purpose of taxation in each county, city, town
and school district, so that county, city, town and school district levies
may be laid upon the same; provided, however, that it shall be the
duty of the division superintendent of schools in each county in which
a railway or canal is located and operated to furnish, on or before the
first day of July in each year, to such railway or canal corporation or
corporations, the boundaries of each school district of said county in
which any part of such railway or canal and its property is situated,
and a copy of such boundaries to the clerk of the State corporation
commission. Wherever any division superintendent of schools shall
fail to furnish to such railway or canal corporation or corporations
and the clerk of the State corporation commission, the boundaries
of each school district of said county in which any part of such railway
or canal and its property is situated, it shall be the duty of the clerk
of the State corporation commission to notify the judge of the circuit
court of the county wherein such superintendent of school resides,
who shall instruct the grand jury at the next term of the circuit court
to ascertain whether such boundaries have been furnished as re-
quired in this act, and should said grand jury ascertain that such
boundaries have not been furnished, they shall find an indictment
against each such division superintendent of schools, who shall be
deemed guilty of a misdemeanor, and, upon conviction thereof, shall
be fined not less than twenty-five dollars nor more than one hundred
dollars for each school district so omitted.